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Gail D. Konradi, Personal Representative of the Estate of Glenn J. Konradi v. United States of America and Robert E. Farringer , 919 F.2d 1207 ( 1990 )
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RIPPLE, Circuit Judge, concurring.
I concur in the judgment of the court. The record before us certainly contains a genuine issue of triable fact as to whether Mr. Farringer was in the scope of his employment. It is not at all clear whether, at the time of the accident, Mr. Farringer was acting for and on behalf of the Postal Service or was under the control of the Postal Service. In dealing with this issue on remand, the district court must assess, in my view, the totality of the circumstances — not simply the reason for Mr. Farringer’s discharge.
Document Info
Docket Number: 89-3532
Citation Numbers: 919 F.2d 1207, 1990 U.S. App. LEXIS 20762
Judges: Posner, Ripple, Manion
Filed Date: 11/29/1990
Precedential Status: Precedential
Modified Date: 11/4/2024